Davis v. Milling's
Supreme Court of Alabama
Appeal from tlie City Court of Bessemer. Tried before' tire; Hon. B. C. Jones. The appellee brought this action of detinue against the appellant for the recovery of a horse, and there was a Verdict and judgment in his favor. The material evidence is stated in the opinion.
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Appeal from tlie City Court of Bessemer. Tried before' tire; Hon. B. C. Jones. The appellee brought this action of detinue against the appellant for the recovery of a horse, and there was a Verdict and judgment in his favor. The material evidence is stated in the opinion. On the trial the appellant was examined as a Avitness, and asked this question : “Tell the jury, at the time the contract was made between you and Will Millings (the plaintiff) whether or not there was any agreement between you and Will Millings as to your taking possession of the horse on default of payments, and if so,…
1Opinion of the CourtIiaralson, J.
As t» conditional sales of personal property on the installment plan for payments of the price, it is isaid, that the prevailing rule in America is, that the title does not pass until the installments are fully paid. — Benjamin on Sales, American Notes, (7th ed.) p. 298. Again it is said in the same volume, page 301, “If the condition of payment is not fully complied with or is waived, the original vendor’s rights become perfect and absolute, and he may follow the property into -whosesoever hands it is, or recover its full value, and without any deduction for any partial payment made by the…
2Cases cited2 opinions
- Tanner & Delaney Engine Co. v. HallSupreme Court of Alabama · 1889
- Loomis v. BraggSupreme Court of Connecticut · 1882
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- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Perkins v. SkatesSupreme Court of Alabama · 1929
- Assets Realization Co. v. GanusAlabama Court of Appeals · 1932
- American Trust & Savings Bank v. TurnerAlabama Court of Appeals · 1918
- George Dixon, Inc. v. Central Motors Co.North Dakota Supreme Court · 1938
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